Fatwa ID: 04036

Answered by: Alimah Sabrina Saidova

Question:

Assalamu Alaikum,

My son is a dental surgeon and assistant professor in oral biology. He got his MSc from Queen Mary London and works in Pakistan. From the last couple of years, he developed psychosocial and job stresses for which he consulted many psychiatric consultants but he was not compliant with the treatment, rather used antidepressant in overdose especially tramal and nelbocin injections and self medications. He is married and has two children.

During manic episodes, his behavior with his wife was not good, due to that his wife started to demand khula from the court. One night he quarreled with his wife at around 2 pm and I asked my daughter in law to go to another room and my son took six tablets of alprazolam along with injection nelbocine and went to bed. In the morning, the mother of his wife came and his wife started weeping and crying, my son immediately stood up and said talaq to her nine times.

After that I visited a psychiatrist and he advised immediate admission in psychiatric ICU and he remained admitted for 20 days and along with medications they also tied him with the bed and diagnosed as bipolar affective disorder and advised three antipsychotic drugs. My question is whether Talaq is valid in this case.

I also consulted a Mufti in my country and he gave a Fatwa that Talaq did not occur and advised to not hand over the girl till he is treated for this disorder.

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Based on the detail you have provided regarding your son’s condition, he will be considered as ma’zoor (excused) person because his condition causes his thought process to fog hence he’s unable to differentiate between right and wrong and doesn’t even have the ability to filter his words.  That said,  the nine-time Talaq he had pronounced has not taken place. The Mufti has given you a bit of good advice. In order to have a hormonal marriage with a strong bond and fewer disputes, it’ll be better to let him receive complete treatment before he resumes living with his wife. [1]

And only Allah knows best

Answered by Alimah Sabrina Saidova

Checked and approved Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] Raddul Muhtaar 3/243, Darul Fikr